Indian Land Claims

First Nations Land Claims

British Columbia

Prepared for:

Canadian Government Policy

By:

October 31, 2005

Indian Land Claims in British Columbia

1763 Britain's Royal Proclamation of 1763 reserves lands for the Indians until they are ceded or purchased by the Crown. One would believe 242 years would be sufficient to resolve this issue. Apparently not.

From the time BC was a colony, natives were determined to hold original title and needed to be treated with and compensated. By the time B.C. joined Confederation in 1871, the province's Aboriginal policy was set: the B.C. Government did not recognize Aboriginal title; therefore, they argued, there was no need to negotiate treaties.

Today, very few treaties have been signed with the First Nations in British Columbia. In 2000 the Nisga'a Nation settled a land treaty.

At this time 51 statements of intent to negotiate, have been filed, this represents 70 percent of First Nations in BC. (See Appendix A - Listing) It has been said that First Nations people have laid claim to 110% of the land, as different native communities believe they have rights to the same land.

There are several reasons why the process has taken so long. Each claim must be decided by the courts on a case-by-case basis. According to the government process, only six comprehensive land claim cases can be negotiated at a time.

The claims process begins when the federal government accepts an Aboriginal group's statement of claim and supporting materials. (Appendix B Ð'- Guidelines for Land Claims)

Originally, the government would only negotiate treaties if Aboriginal peoples accepted "extinguishment" of their Aboriginal rights and title. If claims were found to exist, the province said they were entirely the federal government's responsibility. But in 1990, the government of BC reversed its decision.

Over the past 30 years, Aboriginal rights were slowly defined through the Canadian courts. In 1982 aboriginal rights were given constitutional protection. It has been determined that settlement is better achieved through negotiation than through the courts. However, the courts have still not established a clear definition of Aboriginal rights. Although there has been progress, the process has been long and drawn out. (See Appendix C - Timeline)

Ten comprehensive claims agreements have been settled federally since 1973. Until recently, the only treaties ever signed in B.C. were the Douglas Treaties on Vancouver Island and Treaty 8. This progress is unacceptable. The steps are tedious and mired in red tape.

The process is slowly becoming defined and the negotiations in progress and the recent settlements show an optimistic possibility of increased agreements being reached in the future. Native groups should carefully review the cases settled within the past 10 years, look to the future with optimism and vision and pursue an agreement they can live with. They should hire lawyers with experience in prior negotiations and have meetings with First Nations Communities that have settled and learn from their experience.

The provincial government needs to assign a task force designed specifically to increase efficiency of the system. Incentives for settling claims, such as all court costs paid if settled within 3 years of filing, could potentially decrease costs.

Doing business with First Nations Bands

First Nations Bands have improved their business practices an incredible amount in recent years. Indian bands such as the Sechelt Nation and the Osoyoos Indian Band have developed such successful business models that they have attracted tours from other bands to help teach what they have learned.

Aboriginal people want to get more aboriginal peoples employed on native land and their business practices reflect this. It is not uncommon for contacts to stipulate a minimum number of natives to be hired should the contract be accepted.

The provincial government has gone so far as to invest $40 Million in revenue sharing to create first nations jobs. The have also awarded $26 million to support over 145 economic development projects in native communities in British Columbia.1

It would be wise for companies wishing to do business with aboriginal communities to research government sponsored projects in case they can benefit co-operatively within the communities.

Businesses operating on Native land may be eligible for reduced rates such as taxes should they decide to employ native people. Paying taxes on aboriginal land may be quite less than provincial taxes. As non native land ownership on native land is frowned upon by most native communities, people wishing to own land must be informed in case ownership is not possible and leasing may be the only alternative.

Advertising laws are also a business consideration. Billboards are not acceptable in most non native communities but have been proven an effective advertising tool. This is a further consideration to doing businesses on native land.

1 http://www.prov.gov.bc.ca/prem/down/cabi/first_nations_progress_report.pdf

Appendix C

Native Treaty Time Line

1760 The area that will become B.C. is home to Aboriginal people in more than 30 tribal groups and many hundreds of communities.

1763 Britain's Royal Proclamation of 1763 reserves lands for the Indians until they are ceded or purchased by the Crown.

1849 Vancouver Island is made a colony with the Hudson's Bay Company in charge of land and settlement. James Douglas, chief Hudson's Bay official in the colony, becomes Governor.

1850-54 Governor James Douglas enters into treaties with fourteen First Nation communities on Vancouver Island, creating what are now known as the Douglas Treaties.

1871 B.C. joins Canada and signs the Terms of Union. These state that the federal government will assume responsibility for First Nations and B.C. will retain authority over land and resources.

1876 The first Indian Act consolidates all laws